Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CGU Insurance Limited v Watson (Trustee) in the matter of Greaves [2008] FCA 1104
Bankruptcy Act 1966 (Cth) Part X Federal Court of Australia Act 1976 (Cth) s 21 Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth)s 5(4) CGU INSURANCE LIMITED (ACN 004 478 371) v DAVID PATRICK WATSON AS TRUSTEE OF THE DEED OF ARRANGEMENT IN RESPECT OF JOHN HUYSHE GREAVES
NSD 1111 of 2008
BRANSON J
28 JULY 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1111 of 2008
BETWEEN: CGU INSURANCE LIMITED (ACN 004 478 371)
Applicant
AND: DAVID PATRICK WATSON AS TRUSTEE OF THE DEED OF ARRANGEMENT IN RESPECT OF JOHN HUYSHE GREAVES
Respondent
JUDGE: BRANSON J
DATE OF ORDER: 28 JULY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1111 of 2008
BETWEEN: CGU INSURANCE LIMITED (ACN 004 478 371)
Applicant
AND: DAVID PATRICK WATSON AS TRUSTEE OF THE DEED OF ARRANGEMENT IN RESPECT OF JOHN HUYSHE GREAVES
Respondent
JUDGE: BRANSON J
DATE: 28 JULY 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 On 18 October 2006 the present respondent, as trustee of the Deed of Arrangement in respect of John Huyshe Greaves, ("the Trustee") filed an application and a statement of claim in this Court. He claimed an order that the present applicant ("CGU") pay to him the sum of $20 million plus interest pursuant to the Federal Court of Australia Act 1976 (Cth) and the Insurance Contracts Act 1988 (Cth). 2 CGU applied to this Court by motion for an order pursuant to s 5(4) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) transferring the above proceeding to the Supreme Court of New South Wales. The Trustee opposed the transfer of the proceeding to the Supreme Court of New South Wales. 3 Sackville J was persuaded that it would be in the interests of justice for the proceeding to be transferred to the Supreme Court of New South Wales and on 28 November 2006 made orders to that effect (Watson v CGU Insurance Limited [2006] FCA 1630). The transferred proceeding became Supreme Court of New South Wales proceedings No 50198 of 2006 ("the transferred proceedings"). Numerous interlocutory steps have been taken in the transferred proceedings but there has as yet been no final hearing. 4 Somewhat surprisingly, since it was CGU which successfully applied to this Court to have the transferred proceedings transferred to the Supreme Court of New South Wales, CGU has now applied to this Court for orders that include a permanent injunction restraining the Trustee from taking or continuing to take any steps in the transferred proceedings other than to bring them to an end.
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